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Yustisia
Published by Universitas Sebelas Maret
ISSN : 08520941     EISSN : 25490907     DOI : https://doi.org/10.20961/yustisia.v9i3
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The scope of the articles published in Yustisia Jurnal Hukum deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Health Law, Law and Economic, Sociology of Law and another section related contemporary issues in Law (Social science and Political science). Yustisia Jurnal Hukum is an open access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 10, No 1: April 2021" : 8 Documents clear
Human Rights Violation Against the Indonesian Migrant Fisheries Crew in Chinese-Flagged Long Xing Vessel Fithriatus Shalihah; Muhammad Nur
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.46515

Abstract

This paper aimed to analyze human rights violations against migrant fishing boat crews with a case study on the Chinese-flagged Long Xing fishing boat. The research method used is empirical legal research using primary data and secondary data. The results showed that there had been human rights violations experienced by migrant fishing boat crews aboard the Chinese-flagged Long Xing fishing boat. These human rights violations have occurred since the pre-employment phase. The act of dumping the bodies of the crew members of Indonesian ships into the sea in the case of the Long Xing Ship violated the provisions of the ILO Seafarers Regulation Article 30 concerning protocol if the crew of the ship died, also violated Indonesia's national regulations, namely the Minister of Transportation Regulation No. 84 of 2013 Article 18 concerning the protocol for repatriating the bodies of crew members. Therefore, Indonesia's Government needs serious improvements to protect Indonesian fishing boat crews by implementing legal protection regarding their rights both before, during, and after Indonesian migrant fishery crew members work abroad
The Participation of the Breeders: Regional Regulation of Dumai City Concerning Livestock and Pets Dedy Afrizal; Emad Mohammed Al-Amaren; Irfan Murtadho Yusuf
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.49001

Abstract

This article aims to look at community participation in implementing Dumai City Act Number 10 of 2008 concerning livestock and pets, namely  what impacts arise and what sanctions will be received if they do not comply and what are the anticipatory actions of the breeders so that they will not suffer losses in the future. This study is a qualitative research categorized as sociological juridical research. The data analysis was conducted using descriptive analysis. The results showed that the breeders (livestock farmers)’ lack of understanding on the regulations that had been set was one of the obstacles arising in the implementation of the law. It is hoped that the related parties involved in this Regional Regulation understand the legal sanctions and the impacts that arise from any disobedience acts. From various community backgrounds and in terms of educational factors, cultural factors, geographical aspects, and facility factors, it appears that the government's role in creating all aspects involved in jointly implementing this regional regulation is requiredBesides, breeders must implement these regional regulations as a form of anticipatory action; thus, such livestock and pet activities will not harm themselves and their environment.
Integrated Alternative Dispute Resolution Institutions in the Financial Services Sector: Dispute Resolution Efforts in Consumer Protection Framework Lastuti Abubakar; Tri Handayani
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.48684

Abstract

This study examines and analyzes the legal implications of strengthening the integrated Alternative Dispute Resolution Institutions in the Financial Services Sector regulations. This study applies a normative juridical approach with descriptive-analytical research specifications. The data are analyzed using qualitative juridical analysis. Results show that: an Integrated Alternative Dispute Resolution Institutions in the Financial Services Sector is a dispute resolution institution that is in accordance with the characteristics of the financial services sector as an agent of trust and prioritizes consumer protection. It is expected that consumer dispute resolution is faster, cheaper, and fairer for both Business Actors and the consumers; strengthening of regulations on integrated ADR Institutions in the Financial Services Sector aims to create independent, fair, effective, and efficient dispute resolution capable of anticipating developments in the financial services sector that are increasingly complex from a legal perspective, the use of financial technology, and products/services across financial services sectors
Geothermal Exploitation in a World Heritage Site: a Case Study of Gunung Leuser National Park Marsudi Triatmodjo; Agustina Merdekawati; Sandy Nurvianto; Irkham Afnan Trisandi Hasibuan; I Gusti Putu Agung
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.47797

Abstract

Act Number 21of 2014 on Geothermal Energy is considered a solution to the slow development of geothermal energy utilization for power plants by opening the way for exploitation in conservation forest areas. However, in practice, such exploitation is still constrained because it often clashes with the conservation interest. This study aims to review: (1) the role of Act No. 21/2014 as a legal justification to conduct geothermal power plant exploitation in Gunung Kembar and Gunung Waihlup within the core zone of Gunung Leuser National Park (GLNP), and (2) the potential impact of such exploitation on the international recognition of Tropical Rainforest Heritage of Sumatra (TRHS) as a world heritage. This research is normative legal research, using secondary data consisting of primary and secondary legal materials, and employs a qualitative method to analyze the data. The results showed that Act Number 21 of 2014 could not justify geothermal exploitation activity within the core zone of GLNP. The study also concluded that the geothermal power plant activity is projected to have the potential to compromise TRHS recognition as a world heritage site.
Modern Slavery in Fishing Industry: the Need to Strengthen Law Enforcement and International Cooperation Aryuni Yuliantiningsih; Jaco Barkhuizen
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.46511

Abstract

The global fishing industry supports the livelihoods of millions, however, it adversely allows the occurrence of crimes throughout the value chain, especially modern slavery.  This research aims to examine the current existence of slavery in the fishing industry for the state to determine the best way to deal with its repeated occurrence. Studies show that slavery still exists due to the vulnerability of the fishing sector. These include the prolonged timeframe onboard which prevents the crew from leaving the vessel, poor working conditions, the long-hours associated with the catching process, lack of access to authorities, use of foreign flags to create barriers to the law enforcement, use of migrant labour lacking representation and the lack of governmental oversight or support. This research states that it is important to combat modern slavery by strengthening law enforcement, policy, and international cooperation between States, by involving the source, flag, coastal, port, trade and market States based on international and national law
The Correctional System Revitalization: the Understanding Required to Revitalize Convicts'Correctional Facilities Sulistyanta Sulistyanta; Awwal Muhammad Shaifu
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.48653

Abstract

This research describes the individualization of convict coaching and the special penitentiary for certain convicts. It also analyzes the understanding required to revitalize convicts' correctional facilities, which assess changes in treatment regarding those with "good behavior." Furthermore, this research examined the possibility of revitalizing convicts' penitentiary to focus on the security approach. When the basic concept of the revitalization of the penitentiary is focused on the level of "treatment," which is based on the assessment criteria of "good behavior of the convicts," the convicts are placed in the penitentiary with minimum security. Furthermore, this change assesses the ability to change the existing treatment system for convicts. This is normative legal research, with data obtained from primary and secondary legal materials through literature study. The results showed that the individualization of coaching rests on the fact of the convicts' heterogeneity based on their classification, which affects the type of coaching applied. This variety of coaching affects the facilities and infrastructure needed therefore it is based on the heterogeneity of convicts the need special Penitentiary.
Covid-19 Pandemic as Force Majeure: Its Enforceability on the Failure to Fulfill Contractual Obligations in Letter Of Credit Bhuwana Fairuz Kusumawardhani
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.46532

Abstract

The performance of contractual obligations holds an important role in the fulfillment of sales contracts, therefore, each parties involved would done their best to complete them. The existence of COVID-19 pandemic affected the trade sphere and could bring impediment in the form of force majeure. This research aims to find out the enforceability of COVID-19 as force majeure on the performance of sales contract and the enforceability of COVID-19 as force majeure according to UCP 600 on failure to presents complying documents. This research was conducted by using normative method and qualitative method, the latter was used to analyze the secondary data of which was collected by literature study of relevant materials. The result of this research shows that the enforceability of COVID-19 as force majeure depends on the way of sales contracts are worded and the tribunal’s interpretation on the laws and practices in international trade. The UCP 600’s force majeure clause phrasing open up the interpretation on the possibility of COVID-19 as force majeure, however, the clause cannot be enforced on the failure to presents complying documents, caused by COVID-19 or not, as it concerns the matter of Bank’s responsibility in the case of force majeure
Cyber-Attack in Estonia: a New Challenge in The Applicability of International Humanitarian Law Iradhati Zahra; Irawati Handayani; Diajeng Wulan Christianti
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.48336

Abstract

This article aimed to analyze the classification of armed conflict in Estonia's cyber-attack and how the existing IHL are answering this problem, and whether those regulations are enough for future cases of cyber-attack. This article uses the normative method by comparing the Geneva Convention 1949 and Additional Protocol I 1977 with Rule 30 Tallinn Manual 1.0 and some relevant literary works, using a descriptive-analytic to explain the object comprehensively. The result shows that Estonia's cyber-attack could be classified as an International Armed Conflict, which first started as a Non-International Armed Conflict by proving attribution from Russia to Nashi Youth Group following the Overall Control in Tadic Case. The distinction between information warfare and cyber-attack is related to the physical impact, which a threshold of a cyber-attack under Tallinn Manual 1.0. It means Rule 30 of Tallinn Manual 1.0 also answered Jus ad Bellum's threshold and Jus in Bello in terms of cyber-attack. Although, this article needs some improvements regarding the limitation of this issue only focused on the Material Scope of IHL. In addition, Rule 30 of Tallinn Manual 1.0 is not legally binding because it is not one source of international law. However, it is possible for the Rule 30 Tallinn Manual 1.0 to be a new norm and becoming customary international law in the future.

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